HB 1197

1
A bill to be entitled
2An act relating to relating to the Department of
3Agriculture and Consumer Services; amending s. 493.6203,
4F.S.; revising requirements for obtaining a Class "MA,"
5Class "M," or Class "C" license as a private investigator;
6revising the requirements for Class "CC" licensure as an
7intern; amending s. 493.6401, F.S.; requiring a person who
8conducts Internet-based training or correspondence
9training for repossessor licensees to have a Class "RS"
10license; amending s. 493.6406, F.S.; providing
11requirements for training conducted by a repossession
12services school or training facility; revising the
13information required on a licensure application relating
14to such a school or facility; amending s. 501.921, F.S.;
15revising the name of the organization that provides
16standards and test procedures used by the department in
17adopting rules governing the formulation of antifreeze;
18amending s. 525.07, F.S.; revising a requirement for
19testing the accuracy of devices used to measure petroleum
20fuel; amending s. 526.51, F.S.; revising requirements for
21registering a brand of brake fluid for sale in the state;
22requiring an applicant that does not own the brand name of
23a brake fluid to submit a notarized affidavit to the
24department in order to register that product; revising the
25amount of the sample of brake fluid required to be
26submitted to the department; amending s. 527.04, F.S.;
27revising provisions requiring proof of liability insurance
28coverage prior to licensure under ch. 527, F.S., relating
29to the sale of liquefied petroleum gas; amending s.
30527.07, F.S.; prohibiting a person other than the owner or
31other authorized person from removing gas from a liquefied
32petroleum gas container or receptacle for any gas or
33compound; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Subsection (5) of section 493.6203, Florida
38Statutes, is renumbered as subsection (6) and amended, present
39subsection (6) is renumbered as subsection (7), and a new
40subsection (5) is added to that section, to read:
41     493.6203  License requirements.--In addition to the license
42requirements set forth elsewhere in this chapter, each
43individual or agency shall comply with the following additional
44requirements:
45     (5)  Effective January 1, 2008, an applicant for a Class
46"MA," Class "M," or Class "C" license must pass an examination
47that covers the provisions of this chapter and is administered
48by the department or by a provider approved by the department.
49The applicant must pass the examination before applying for
50licensure and shall submit proof with the license application on
51a form approved by rule of the department that he or she has
52passed the examination. The administrator of the examination
53must verify the identity of each applicant taking the
54examination.
55     (a)  The examination requirement in this subsection does
56not apply to an individual who holds a valid Class "CC," Class
57"C," Class "MA," or Class "M" license.
58     (b)  Notwithstanding the exemption provided in paragraph
59(a), if the license of an applicant for relicensure has been
60invalid for more than 1 year, the applicant must take and pass
61the examination.
62     (c)  The department shall establish by rule the content of
63the examination, the manner and procedure of its administration,
64and an examination fee that may not exceed $100.
65     (6)(a)(5)  A Class "CC" licensee shall serve an internship
66under the direction and control of a designated sponsor, who is
67a Class "C," Class "MA," or Class "M" licensee.
68     (b)  Effective September 1, 2008, an applicant for a Class
69"CC" license must have completed at least 24 hours of a 40-hour
70course pertaining to general investigative techniques and this
71chapter, which course is offered by a school, community college,
72college, or university that falls within the purview of the
73Department of Education, and must pass an examination. The
74certificate evidencing satisfactory completion of at least 24
75hours of a 40-hour course must be submitted with the application
76for a Class "CC" license. The remaining 16 hours must be
77completed and an examination passed within 180 days. If
78documentation of completion of the required training is not
79submitted within the specified timeframe, the individual's
80license is automatically suspended or his or her authority to
81work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
82until such time as proof of certificate of completion is
83provided to the department. The training course specified in
84this paragraph may be provided by face-to-face presentation, on-
85line technology, or a home study course in accordance with rules
86and procedures of the Department of Education. The administrator
87of the examination must verify the identity of each applicant
88taking the examination.
89     1.  Upon an applicant's successful completion of each part
90of the approved course and passage of any required examination,
91the school, community college, college, or university shall
92issue a certificate of completion to the applicant. The
93certificates must be on a form established by rule of the
94department.
95     2.  The department shall establish by rule the general
96content of the training course and the examination criteria.
97     3.  If the license of an applicant for relicensure has been
98invalid for more than 1 year, the applicant must complete the
99required training and pass any required examination.
100     Section 2.  Subsection (7) of section 493.6401, Florida
101Statutes, is amended to read:
102     493.6401  Classes of licenses.--
103     (7)  Any person who operates a repossessor school or
104training facility or who conducts an Internet-based training
105course or a correspondence training course must shall have a
106Class "RS" license.
107     Section 3.  Subsection (1) and paragraph (b) of subsection
108(2) of section 493.6406, Florida Statutes, are amended to read:
109     493.6406  Repossession services school or training
110facility.--
111     (1)  Any school, training facility, or instructor who
112offers the training outlined in s. 493.6403(2) for Class "EE"
113applicants shall, before licensure of such school, training
114facility, or instructor, file with the department an application
115accompanied by an application fee in an amount to be determined
116by rule, not to exceed $60. The fee shall not be refundable.
117This training may be offered as face-to-face training, Internet-
118based training, or correspondence training.
119     (2)  The application shall be signed and notarized and
120shall contain, at a minimum, the following information:
121     (b)  The street address of the place at which the face-to-
122face training is to be conducted or the street address of the
123Class "RS" school offering Internet-based or correspondence
124training.
125     Section 4.  Section 501.921, Florida Statutes, is amended
126to read:
127     501.921  Standards.--The department's rules for standards,
128definitions, and test procedures for antifreeze may encompass
129those specified by ASTM International the American Society for
130Testing and Materials. The department may adopt any other
131specification it considers appropriate to protect consumers from
132questionable formulations of antifreeze.
133     Section 5.  Subsection (9) of section 525.07, Florida
134Statutes, is amended to read:
135     525.07  Powers and duties of department; inspections;
136unlawful acts.--
137     (9)  All persons and service agencies that adjust the
138accuracy of a petroleum fuel measuring device must use test
139measures that have been calibrated with standards traceable to
140the National Institute of Standards and Technology within 1 year
141prior to the date of the adjustment for volumes of less than 500
142gallons and within 3 years prior to the date of the adjustment
143for volumes of 500 gallons or more.
144     Section 6.  Subsection (1) of section 526.51, Florida
145Statutes, is amended to read:
146     526.51  Registration; renewal and fees; departmental
147expenses; cancellation or refusal to issue or renew.--
148     (1)(a)  Application for registration of each brand of brake
149fluid shall be made on forms to be supplied by the department.
150The applicant shall give his or her name and address and, the
151brand name of the brake fluid, state that he or she owns the
152said brand name and has complete control over the product sold
153thereunder in Florida, and provide the name and address of the
154resident agent in Florida. If the applicant does not own the
155brand name but wishes to register the product with the
156department, a notarized affidavit that gives the applicant full
157authorization to register the brand name and that is signed by
158the owner of the brand name must accompany the application for
159registration. The affidavit must include all affected brand
160names, the owner's company or corporate name and address, the
161applicant's company or corporate name and address, and a
162statement from the owner authorizing the applicant to register
163the product with the department. The owner of the brand name
164shall maintain complete control over each product sold under
165that brand name in this state. All new product applications must
166Application shall be accompanied by a certified report from of
167an independent testing laboratory, setting forth the analysis of
168the said brake fluid, which shall show its quality to be not
169less than the specifications established by the department for
170brake fluids. A sample of not less than 24 fluid ounces one-half
171gallon of brake fluid shall be submitted, in a container or
172containers, with labels representing labeled exactly how the as
173containers of brake fluid will be labeled when sold, and such
174sample and container shall be analyzed and inspected by the
175Division of Standards in order that compliance with the
176department's specifications and labeling requirements may be
177verified. Upon approval of such application, the department
178shall register the brand name of such brake fluid and issue to
179the applicant a permit authorizing the registrant to sell such
180brake fluid in this state during the permit year specified in
181the permit.
182     (b)  Each applicant shall pay a fee of $100 with each
183application. A permit may be renewed by application to the
184department, accompanied by a renewal fee of $50 on or before the
185last day of the permit year immediately preceding the permit
186year for which application is made for renewal of registration.
187To any fee not paid when due, there shall accrue a penalty of
188$25 which shall be added to the renewal fee. Renewals will be
189accepted only on brake fluids that which have no change in
190formula, composition, or brand name. Any change in formula,
191composition, or brand name of any brake fluid constitutes shall
192constitute a new product that must which shall be registered in
193accordance with the provisions of this part.
194     Section 7.  Section 527.04, Florida Statutes, is amended to
195read:
196     527.04  Proof of insurance required.--
197     (1)  Before any license is issued, except to a dealer in
198appliances and equipment for use of liquefied petroleum gas or a
199category III liquefied petroleum gas cylinder exchange operator,
200the applicant must deliver to the department satisfactory
201evidence that the applicant is covered by a primary policy of
202bodily injury liability and property damage liability insurance
203that covers the products and operations with respect to such
204business and is issued by an insurer authorized to do business
205in this state for an amount not less than $1 million and that
206the premium on such insurance is paid. An insurance certificate,
207affidavit, or other satisfactory evidence of acceptable
208insurance coverage shall be accepted as proof of insurance. In
209lieu of an insurance policy, the applicant may deliver a good
210and sufficient bond in the amount of $1 million, payable to the
211Governor of Florida, with the applicant as principal and a
212surety company authorized to do business in this state as
213surety. The bond must be conditioned upon the applicant's
214principal's compliance with the provisions of this chapter and
215the rules of the department with respect to the conduct of such
216business and shall indemnify and hold harmless all persons from
217loss or damage by reason of the applicant's principal's failure
218to comply. However, the aggregated liability of the surety may
219not exceed $1 million. If the insurance policy is canceled or
220otherwise terminated or the bond becomes insufficient, the
221department may require new proof of insurance or a new bond to
222be filed, and, if the licenseholder principal fails to comply do
223so, the department shall cancel the license issued and give the
224licenseholder principal written notice that it is unlawful to
225engage in business without a license. If the applicant furnishes
226satisfactory evidence that he or she is covered by a primary
227policy of bodily injury liability and property damage liability
228insurance covering the products and operations with respect to
229such business, issued by an insurer authorized to do business in
230the state, for an amount not less than $1 million and that the
231premiums on such insurance are paid, an insurance affidavit or
232other satisfactory evidence of acceptable insurance coverage
233shall be accepted in lieu of the bond. A new bond is not
234required as long as the original bond remains sufficient and in
235force. If the licenseholder's insurance coverage coverages as
236required by this subsection is are canceled or otherwise
237terminated, the insurer must notify the department within 30
238days after such cancellation or termination.
239     (2)  Before any license is issued to a class III liquefied
240petroleum gas cylinder exchange operator, the applicant must
241deliver to the department satisfactory evidence that the
242applicant is covered by a primary policy of bodily injury
243liability and property damage liability insurance that covers
244the products and operations with respect to such business and is
245issued by an insurer authorized to do business in this state for
246an amount not less than $300,000 and that the premium on such
247insurance is paid. An insurance certificate, affidavit, or other
248satisfactory evidence of acceptable insurance coverage shall be
249accepted as proof of insurance. In lieu of an insurance policy,
250the applicant may deliver a good and sufficient bond in the
251amount of $300,000, payable to the Governor, with the applicant
252as principal and a surety company authorized to do business in
253this state as surety. The bond must be conditioned upon the
254applicant's principal's compliance with this chapter and the
255rules of the department with respect to the conduct of such
256business and must indemnify and hold harmless all persons from
257loss or damage by reason of the applicant's principal's failure
258to comply. However, the aggregated liability of the surety may
259not exceed $300,000. If the insurance policy is canceled or
260otherwise terminated or the bond becomes insufficient, the
261department may require new proof of insurance or a new bond to
262be filed, and, if the licenseholder principal fails to comply do
263so, the department shall cancel the license issued and give the
264licenseholder principal written notice that it is unlawful to
265engage in business without a license. If the applicant furnishes
266satisfactory evidence that he or she is covered by a primary
267policy of bodily injury liability and property damage liability
268insurance covering the products and operations with respect to
269such business, issued by an insurer authorized to do business in
270the state, for an amount not less than $300,000 and that the
271premiums on such insurance are paid, an insurance affidavit or
272other satisfactory evidence of acceptable insurance coverage
273shall be accepted in lieu of the bond. A new bond is not
274required as long as the original bond remains sufficient and in
275force. If the licenseholder's insurance coverage coverages
276required by this subsection is are canceled or otherwise
277terminated, the insurer must notify the department within 30
278days after such cancellation or termination.
279     (3)  Any person having a cause of action on such bond may
280bring suit against the principal and surety, and a copy of such
281bond duly certified by the department shall be received in
282evidence in the courts of this state without further proof. The
283department shall furnish a certified copy of such bond upon
284payment to it of its lawful fee for making and certifying such
285copy.
286     Section 8.  Section 527.07, Florida Statutes, is amended to
287read:
288     527.07  Restriction on use of containers.--No person, other
289than the owner and those authorized by the owner, shall sell,
290fill, refill, remove gas from, deliver, permit to be delivered,
291or use in any manner any liquefied petroleum gas container or
292receptacle for any gas or compound, or for any other purpose.
293     Section 9.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.